The Senate Judiciary Committee met for a third executive session Thursday to continue consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act. The markup began at 9:30 a.m., and concluded at 1:00 p.m. During Thursday’s session a total of 26 amendments were considered by the Committee, including five second-degree amendments. Half the amendments considered were offered by Republicans. Of the 26 amendments considered, 16 were accepted, all but one with bipartisan support.

Through three days of markup, 99 amendments have been considered by the Committee. All amendments are available on the Senate Judiciary Committee’s website: http://www.judiciary.senate.gov/

The Committee will continue its markup on Monday, May 20, and will continue consideration of Title III.

Spurring Innovation and Entrepreneurship

During Thursday’s markup session, the Committee approved amendments to strengthen the economy, boost innovation and spur entrepreneurship. Amendments authored by Chairman Patrick Leahy and Senator Sheldon Whitehouse and approved with unanimous support will strengthen the job-creating EB-5 Regional Center Program and make helpful improvements to INVEST visas for foreign entrepreneurs.

The Committee also approved amendments to make improvements to the E-Verify provisions in the underlying bill that will protect people from improper disclosure of information, provide privacy notifications, and enhance the accuracy of the E-Verify program. Other amendments offered and adopted Thursday will bolster protections against fraud and identity theft within the immigration system.

Amendments Adopted Thursday

*NOTE: Summaries reflect purpose statements included in the proposed amendment.

Hirono4 – To provide for the eligibility of the Hong Kong Special Administrative Region for designation for participation in the visa waiver program for certain visitors to the United States – Vote: 14-4 (Agreed To)

Cornyn9 – To eliminate discrimination against American businesses – Withdrawn

Whitehouse1 (as amended) – To provide for qualified startup accelerators with respect to nonimmigrant INVEST visas, and for other purposes – Adopted by Voice Vote

Lee18 – To increase the number of W nonimmigrant visas available during each fiscal year – Withdrawn

Lee19 – To limit certain complaints to W nonimmigrants – Withdrawn

Franken2 (as amended) – To enhance the accuracy of the E-Verify System – Adopted by Voice Vote

Grassley31 – To require the Director of U.S. Citizenship and Immigration Services to produce a detailed weekly report that contains information about individuals for whom a nonconfirmation was received through the Employment Verification System – Adopted by Voice Vote

Coons1 – To require the Secretary to develop protocols to notify individuals that a query for the individual has been processed through the Employment Verification System and to submit other queries – Adopted by Voice Vote

Grassley38 – To establish a program that allows parents to limit the use of their children’s social security numbers to prevent identity theft – Adopted by Voice Vote

Grassley29 – To require all employers to use the Employment Verification System not later than 18 months after the date of enactment of this Act – Vote: 5-13 (Not Agreed To)

Franken4 – To provide for the establishment of the office of the Small Business and Employee Advocate – Adopted by Voice Vote

Grassley35 – To delay the preemption of State and local laws relating to employment eligibility verification until all employers are required to use the Employment Verification System – Vote: 5-13 (Not Agreed To)

Lee15 – To require intent in certain prohibitions on discrimination based on national origin or citizenship status – Vote: 6-12 (Not Agreed To)

Whitehouse3 – To prohibit the use of the Employment Verification System to reverify employment authorization of an employee from another employer’s workforce if there is substantial continuity in the business of operations of the predecessor and successor employers – Withdrawn

Grassley34 (as amended) – Relating to the use of identity theft to harbor or hiring unauthorized workers in violation of the Act – Vote: 8-10 (Not Agreed To)

Grassley36 – To require that an attestation as to an individual’s identity for purposes of work authorization under section 274A of the Immigration and Nationality Act be made by the individual’s parent or legal guardian – Adopted by Voice Vote

Markup to Continue on Monday, May 20, at 10:00 a.m.

The Committee has concluded consideration of the Pre-Title and Title I; has made significant progress on Title IV; and has concluded consideration of E-Verify amendments. Chairman Patrick Leahy announced today that the Committee will continue its consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act on Monday, May 20, at 10:00 a.m. The Committee is expected to continue markup of the bill throughout next week.